UPDATE ON THE ASSESSMENT AND ACCOUNTABILITY BILL – SB 7069
Today, Governor Scott signed HB 7069 into law. The bill addresses many of the concerns that have been raised by school board members, superintendents, educators and parents about the state’s accountability and assessment system. We have not completed our detailed analysis of the bill, but among other things, the bill:
- authorizes school to set the school starting date as no earlier than August 10;
- eliminates the 11th grade English Language Arts assessment;
- eliminates requirement for district-wide exams for non-state assessed courses and subjects;
- prohibits districts from giving finals in courses where statewide standardized exams already exist;
- eliminates requirement for progress monitoring;
- limits the amount of time for test administration to no more than 5% of total school hours per student, per year;
- requires that statewide assessment results be returned by the end of the year and district-wide assessment results to be returned within 30 days;
- eliminates requirement for intensive remedial courses for secondary students;
- reduces the weight given to student performance data used in teacher evaluations from 50% to 33%;
- requires an independent verification of the psychometric validity of statewide, standardized assessments before school grades may be published and before student performance data may be used for teacher and administrator evaluations; and
- provides identification and interventions for students at risk of retention.
Most of these provisions align with recommendations that have been made by FSBA and others, but some provisions give rise to new questions and concerns. In addition, some key assessment issues are not addressed in the bill, particularly those centering on the technological infrastructure necessary for computer abased assessments to be administered within a reasonable time frame and in a manner that minimizes disruption to the teaching and learning for students who are not being assessed during any given testing window. However, some of these concerns may be addressed in other bills that are still under consideration. We will continue to keep you posted on any developments in these areas.
TODAY’S HAPPENINGS
In the House Judiciary Committee:
HB 845 – Sexting by DuBose — PASSED
Removes court’s discretion to impose specified penalty for first violation of sexting; requires minor cited for first violation to sign & accept citation to appear or, in lieu of appearing, to complete other sanctions; requires citation to include certain information; authorizes court to order certain penalties; requires specified percentage of civil penalties be remitted to county commission for cyber-safety training for minors.
In the House State Affairs Committee:
HB 65 – Public Records / Public-Private Partnerships by Steube — PASSED
Provides exemption from public records requirements & public meetings requirements for unsolicited proposals held by responsible public entity for specified period; provides definition; requires that recording be made of closed meeting; provides exemption from public records requirements for records generated during closed meeting for specified period; provides for future legislative review & repeal of exemptions; provides statement of public necessity; provides for contingent effect.
HB 163 – Public Records/Contractors by Beshears – AMENDED AND PASSED WITH A COMMITTEE SUBSTITUTE (CS)
Requires each agency head to designate a custodian of public records and to display the contact information for the custodian; requires a public records request to be made to the custodian of public records in order to be eligible for attorney fees in a civil action to enforce chapter 119, F.S.; requires that a public agency contract for services signed or amended on or after a specified date include a statement providing the contact information of the public agency’s custodian of public records; prescribes the form of the statement; revises required provisions in a public agency contract for services regarding a contractor’s compliance with public records laws; specifies applicable penalties for a contractor who fails to comply with certain provisions. [NOTE: The bill was revised by a strike all amendment. This short summary reflects the revised version of the bill.]
HB 585 – Holidays & Observances / Sir Lancelot Jones by Raschein — PASSED
Designates second Monday in October of each year as “Sir Lancelot Jones Day” in Miami-Dade & Monroe Counties; encourages public officials, schools, private organizations, & citizens in Miami-Dade & Monroe Counties to commemorate occasion.
HB 1063 – Government Accountability by Metz – AMENDED AND PASSED WITH A CS
Revises audit provisions to exclude water management districts; revises responsibilities of department heads, Supreme Court, Florida Clerks of Court Operations Corporation, Justice Administrative Commission, each state attorney & public defender, criminal conflict & civil regional counsel, capital collateral counsel, Guardian Ad Litem program, local governmental entities, & governing bodies of charter schools to include responsibility of establishing certain internal controls; requires each Florida College System institution to file certain annual financial statements with State Board of Education; requires each school district, Florida College System institution, & state university to establish certain internal controls.
In the House Economic Affairs Committee:
HB 231 – Transportation by Passidomo – AMENDED AND PASSED WITH A CS
Revises provisions relating to rights & safety of vulnerable users of public roadway; prohibits assault of bicycle riders; revises provisions for careless driving; provides penalties for specified infractions contributing to bodily injury or death.
HB 933 – Growth Management by La Rosa – AMENDED AND PASSED WITH A CS
Limits amount of mobility & impact fees under certain conditions; revises provisions regarding developments of regional impacts; revises provisions regarding detailed specific area plans; authorizes substitution of recorded conservation easements for other lands under specified circumstances; allows consumptive use permits to be as long as approved master development orders; revises provisions regarding regional planning councils; revises provisions for governmental funding as a result of ground subsidence; creates a pilot project for Pasco County as a connected-city corridor; requires governments to address private property rights in comprehensive plans; prohibits local governments from requiring fee for certain tree removal. [NOTE: The bill was amended to remove a provision that was of particular concern to school districts that would have limited the amount that school districts could collect in proportionate share mitigation. However, this bill contains several other troubling provisions and is opposed by the League of Cities, Association of Counties, environmental groups, and others.]
In the Senate SESSION:
Bills on 3rd Reading:
SB 802 – Vocational Rehabilitation by D. Gaetz – READ 3RD TIME; PASSED THE SENATE
Providing for the future repeal of the designation of the Division of Vocational Rehabilitation as the administrative unit for purposes of the Vocational Rehabilitation Act of 1973, subject to legislative review of a required report; requiring the Division of Vocational Rehabilitation to initiate, by a specified date, a performance improvement plan designed to achieve specified goals; requiring the division to develop and implement a pilot program to improve the state vocational rehabilitation program, etc.
HB 7019 – Workforce Services by Economic Development & Tourism – READ 3RD TIME; PASSED THE SENATE; PASSED THE LEGISLATURE
Renames Workforce Florida, Inc., as CareerSource Florida, Inc.; creates task force on preparation for state’s implementation of federal Workforce Innovation & Opportunity Act; provides membership & duties of task force; requires task force to submit report & recommendations for approval by CareerSource Florida, Inc.; requires CareerSource Florida, Inc., to submit specified state plan to USDOL; provides for abolishment of task force.
Bills on 2nd Reading:
SB 778 – Local Government Construction Preferences by Hays – READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 4/22/15
Prohibiting local ordinances and regulations from restricting competition for the award of a contract for construction services based upon certain conditions; requiring a state college, county, municipality, school district, or other political subdivision of the state to make specified disclosures in competitive solicitation documents, etc.
SB 378 – Juvenile Justice by Garcia — READ 2ND TIME; AMENDED; PLACED ON 3RD READING FOR 4/22/15
Authorizing a law enforcement officer to issue a warning to a juvenile who admits having committed a misdemeanor or to inform the child’s parent or guardian of the child’s infraction; requiring a law enforcement officer who does not exercise one of these options to issue a civil citation or require participation in a similar diversion program; providing that, in exceptional situations, a law enforcement officer may arrest a first-time misdemeanor offender in the interest of protecting public safety, etc.
SB 960 – Bright Futures Scholarship Program by T. Lee — READ 2ND TIME; PLACED ON 3RD READING FOR 4/22/15
Requiring a student, as a prerequisite for the Florida Academic Scholars award, the Florida Medallion Scholars award, or the Florida Gold Seal Vocational Scholars award, to identify a social or civic issue or a professional area of interest and develop a plan for his or her personal involvement in addressing the issue or learning about the area; prohibiting the student from receiving remuneration or academic credit for the volunteer service work performed, etc.
SB 538 – Disclosure of Sexually Explicit Images by Simmons – RETAINED ON SPECIAL ORDER CALENDAR
Prohibiting an individual from electronically disclosing a sexually explicit image of an identifiable person with the intent to harass such person if the individual knows or should have known that such person did not consent to the disclosure; requiring a court to order that a person convicted of such offense be prohibited from having contact with the victim, etc.
SB 954 – Involuntary Examinations of Minors by Garcia – RETAINED ON SPECIAL ORDER CALENDAR
Requiring school health services plans to include notification requirements when a student is removed from school, school transportation, or a school-sponsored activity for involuntary examination; requiring a receiving facility to provide notice of the whereabouts of an adult or emancipated minor patient held for involuntary examination; providing conditions for delay in notification, etc.
In the Senate Health & Human Services Appropriations Subcommittee:
SB 7006 – Early Learning by Education PreK-12 – AMENDED AND PASSED WITH A CS
Including large family child care homes in local zoning regulation requirements; revising certain minimum standards for child care facilities; providing for the inspection of programs regulated by the department; providing exemptions from child care facility licensing standards; revising restrictions on residential property insurance coverage to include coverage for large family child care homes; authorizing a district school board or charter school governing board to adopt a policy to allow a child to be admitted to a public kindergarten if the child meets certain requirements, etc.
COMING UP TOMORROW
[REMINDER: Most meetings are available via Florida Channel webcasts at http://thefloridachannel.org]
The Senate Fiscal Policy Committee will meet (9:00 am – 12:00 pm) to consider the following items and others:
SB 908 – Traffic Safety by Altman
Providing criminal penalties for certain noncriminal traffic infractions that cause serious bodily injury or death to a person; defining the term “serious bodily injury”; prohibiting passing and turning in front of a vulnerable user in an unsafe manner; providing penalties; prohibiting harassing, taunting, or throwing an object at a person riding a bicycle; providing mandatory revocation of license for a specified conviction, etc.
The Senate Rules Committee will meet (9:00 am – 12:00 pm) to consider the following items and others:
SB 984 – Exemption/Legislative Lobbying Requirements by Braynon
Revising the definition of the term “expenditure”; specifying that the term does not include use of a public facility or public property that is made available by a governmental entity to a legislator for a public purpose, to exempt such use from legislative lobbying requirements, etc.
SB 1372 – Government Accountability by D. Gaetz
Specifying that the Governor, the Commissioner of Education, or the designee of the Governor or of the Commissioner of Education may notify the Legislative Auditing Committee of an entity’s failure to comply with certain auditing and financial reporting requirements; revising reporting requirements applicable to the Florida Clerks of Court Operations Corporation; expanding the types of governmental entities that are subject to lobbyist registration requirements; revising the responsibilities of the governing board of a charter school to include the establishment and maintenance of internal controls, etc.
The House will be in SESSION (10:30 am – completion of business) to consider the following items and others on 2nd Reading:
HB 41 – Hazardous Walking Conditions by Metz
Revises criteria that determine hazardous walking conditions for public school students; revises procedures for inspection & identification of hazardous conditions; authorizes district school superintendents to initiate formal request for correction of hazardous conditions; requires district school boards to provide transportation to students who would be subjected to hazardous conditions; requires state or local entities with jurisdiction over roads with hazardous conditions to correct condition; provides requirements for governmental entities relating to transportation work programs; provides requirements relating to civil actions for damages; & provides for certain interlocal agreements.
HB 7015 – Agriculture and Consumer Services by Agriculture
Revises provisions relating to limited certification for urban landscape commercial fertilizer application; Florida Food Safety Act; power & duties of DACS relating to program services; designation of Pompano State Farmers Market; powers & duties of Division of Administration relating to information technology support; powers & duties of Division of Food Safety relating to food & feed sample analysis; powers & duties of Division of Marketing & Development relating to dealers in agricultural products; powers & duties of Division of Consumer Services relating to dealers in agricultural products; Florida Agriculture Center & Horse Park; Florida Agricultural Promotional Campaign; notice of infection of plants; school food & nutrition service programs; Florida Farm Fresh Schools Program; children’s summer nutrition program; commodity distribution services; bond & certificate of deposit prerequisite for agricultural products dealers; & security requirements for grain dealers; & directs Board of Trustees of Internal Improvement Trust Fund to sell specified land & provides for deposit & use of proceeds.
HB 747 – Bright Futures Scholarship Program by Rooney
Delays initial award & renewal period for certain students; revises eligibility requirements for home education students; requires student, as prerequisite for Florida Academic Scholars award, Florida Medallion Scholars award, & Florida Gold Seal Vocational Scholars award, to identify social or civic issue or professional area of interest & develop plan for personal involvement in addressing issue or learning about area; prohibits student from receiving remuneration or academic credit for volunteer service work except in certain circumstances.
HB 587 – Educational Professional Practices by Spano
Authorizes certain employees or agents of DOE to have access to certain reports & records; requires DOE to provide liability insurance to certain persons; provides coverage & notification requirements; revises membership of Education Practices Commission; authorizes Commissioner of Education to appoint emeritus members to commission; authorizes commissioner to issue letter of guidance in response to complaint against teacher or administrator in certain circumstances.
HB 383 – Private Property Rights by Edwards
Authorizes governmental entity to treat written claim as pending litigation for certain purposes; provides that certain settlement agreements reached between owner & governmental entity apply irrespective of when agreement was executed; authorizes property owner to bring action to recover damages caused by prohibited exaction; requires owner to provide written notice of such action to governmental entity; authorizes governmental entity to treat such claim as pending litigation for certain purposes; specifies burdens of proof; authorizes award of attorney fees & costs under certain circumstances; waives state’s sovereign immunity for certain causes of action; specifies that action concerning prohibited exaction is not to be construed in pari materia with certain other provisions of law.
The Senate Judiciary Committee will meet (2:00 – 3:30 pm) to consider the following items and others:
SJR 1142 – Ad Valorem Taxation by D. Gaetz
Proposing amendments to the State Constitution to allow the Legislature by general law to prohibit increases in the assessed value of homestead and specified nonhomestead real property if the just value of the property declines; providing an effective date, etc.
SB 238 – Athletic Coaches by Ring
Requiring an independent sanctioning authority to dismiss an athletic coach ejected from a game for the remainder of that sport season under certain circumstances; authorizing such athletic coach to resume working under certain circumstances, etc.
The Senate Education PreK-12 Committee will meet (5:00 – 6:00 pm) to consider:
SB 180 – School Safety by Evers
Permitting a school superintendent, with approval of the school board, to authorize a school safety designee to carry a concealed weapon or firearm on school property; requiring school boards to formulate policies and procedures for managing active-shooter and hostage situations; permitting district school boards to commission one or more school safety officers on each school campus, etc.
SB 1480 – Student Extracurricular Activities by Stargel
Revising the principles that guide policies governing student eligibility for extracurricular activities; requiring a district school board’s insurance for participants in extracurricular activities to cover certain students at the same rate as other district school students; designation of the Florida High School Athletic Association as the governing nonprofit organization of athletics in Florida public schools and instead requiring the commissioner to designate, by a certain date, a nonprofit association to be the governing body, etc.
Ruth Haseman Melton
Director of Government Relations
Florida School Boards Association
Office: 850 / 414-2578
Cell: 850 / 509-6411
Email: melton@fsba.org
